Kenyan case law

• Sansora Wire & Nail Works Ltd v Shreeji Enterprises Kenya Ltd [2005] KEHC 1923 (KLR)

  ✦ The Defendant's application for payment by instalments should not be dismissed

  [2005] KEHC 1923 (KLR) High Court of Kenya 18 July 2005

• Daniel Mungai Wairimu v Republic [2005] KEHC 3325 (KLR)

  ✦ The conviction is quashed and the Appellant is set at liberty

  [2005] KEHC 3325 (KLR) High Court of Kenya 18 July 2005

• Mohamed Ibrahim Sherrif v Republic [2005] KEHC 1174 (KLR)

  ✦ The sentence is set aside and commuted to the term already served by the appellant, who is hereby set at liberty.

  [2005] KEHC 1174 (KLR) High Court of Kenya 18 July 2005

• Peter Kinya v Kenya Power and Lighting Co Ltd [2005] KEHC 1756 (KLR)

  ✦ The court allows the Plaintiff's application to set aside the dismissal order, but the Plaintiff will bear the costs.

  [2005] KEHC 1756 (KLR) High Court of Kenya 17 July 2005

• David Kariuki Mutura v Republic [2005] KEHC 1177 (KLR)

  ✦ The conviction of the Appellant was not safe, and the Appeal is allowed. The conviction and sentence are quashed, and the fine imposed on the Appellant should be refunded.

  [2005] KEHC 1177 (KLR) High Court of Kenya 17 July 2005

• Onyancha Bwona Nyamari v Republic [2005] KEHC 3331 (KLR)

  ✦ Allow the appeal, quash the conviction and set aside the sentence

  [2005] KEHC 3331 (KLR) High Court of Kenya 17 July 2005

• In Re Estate of Kipkoros Tuikong (Deceased) (Probate & Administration 47 of 1995) [2005] KEHC 2205 (KLR) (17 July 2005) (Ruling)

  ✦ The application is dismissed as it was brought under the wrong and inapplicable provisions of the law.

  [2005] KEHC 2205 (KLR) High Court of Kenya 17 July 2005

• Julia Wanja Mwaura V Peter Kabata Mwaura & another [2005] KEHC 385 (KLR)

  ✦ The grant of letters of administration will not be revoked, but the applicant will be included as a beneficiary of the deceased's estate before or during the time of filing the application for confirmation of the grant.

  [2005] KEHC 385 (KLR) High Court of Kenya 15 July 2005

• Lucy Wambui Muturi v Jeza Zhomu Umoja Private Co. Ltd & 2 others [2005] KEHC 3355 (KLR)

  ✦ The application is dismissed

  [2005] KEHC 3355 (KLR) High Court of Kenya 15 July 2005

• Charles Kimani Ng’ang’a v Telkom Kenya Limited [2005] KEHC 3285 (KLR)

  ✦ The court found that the plaintiff was lawfully employed by the defendant and that the plaintiff was entitled to notice and other benefits at the time of dismissal.

  [2005] KEHC 3285 (KLR) High Court of Kenya 15 July 2005

• David Thuo & 8 others v First American Bank of Kenya Limited [2005] KEHC 1413 (KLR)

  ✦ The court granted the plaintiffs' applications for injunctions to protect their employment status and to prevent the bank from transferring its equity.

  [2005] KEHC 1413 (KLR) High Court of Kenya 15 July 2005

• Bernard Mwaura Gatua v Republic [2005] KEHC 1693 (KLR)

  ✦ The conviction for indecent assault is quashed and the sentence is set aside. The conviction for grievous harm is upheld with a one-year sentence.

  [2005] KEHC 1693 (KLR) High Court of Kenya 15 July 2005

• Muchangi Nduati & Co. Advocates v John Chomba [2005] KEHC 1795 (KLR)

  ✦ The taxation order is set aside due to improper service of the Notice of Taxation

  [2005] KEHC 1795 (KLR) High Court of Kenya 15 July 2005

• Pabeco Enterprises Ltd v Rabadia Builder [2005] KEHC 955 (KLR)

  ✦ The plaintiff is entitled to judgment for kshs 8,994,154/- with interest at 3% per month until payment in full.

  [2005] KEHC 955 (KLR) High Court of Kenya 15 July 2005

• KENYA POWER & LIGHTING COMPANY LTD V AMERICAN LIFE INSURANCE COMPANY (K) LTD [2005] KEHC 634 (KLR)

  ✦ The Plaintiff's suit is struck out as it was not brought within the 12-month limitation period after the Defendant repudiated its obligations.

  [2005] KEHC 634 (KLR) High Court of Kenya 15 July 2005

• In Re the Estate of Muhindi Kiguru (Deceased) [2005] KEHC 2076 (KLR)

  ✦ The court orders that Christine Wanjiru Muhindi and her household be allocated 25.7 acres of the suit premises, comprising the four homesteads, and the remaining 20 acres be distributed to the other houses in equal shares.

  [2005] KEHC 2076 (KLR) High Court of Kenya 15 July 2005

• Kibet & Co. Advocates v Central Bank of Kenya [2005] KEHC 2086 (KLR)

  ✦ The basic instruction fee is set at Kshs.3 Million, with a 50% increase under part B of the schedule 6 of the Advocates Remuneration Rules. The application costs are given to the Applicant.

  [2005] KEHC 2086 (KLR) High Court of Kenya 15 July 2005

• J Wambugu & 8 others v Kenya Railways Corporation [2005] KEHC 1311 (KLR)

  ✦ The court ruled that the plaintiffs' suit was incompetent and a nullity due to the lack of statutory notice as required by s.87 of the Kenya Railways Corporation Act.

  [2005] KEHC 1311 (KLR) High Court of Kenya 15 July 2005

• ABDUL RAZAK KHALFAN (suing on behalf of The International Air Transport Association – IATA & ANOTHER V PINNACLE TOURS & TRAVEL LIMITED & ANOTHER [2005] KEHC 570 (KLR)

  ✦ The court held that there was no valid contract between the 1st Plaintiff and the 1st Defendant, and the 1st Plaintiff is not entitled to bring the claim against the 1st Defendant.

  [2005] KEHC 570 (KLR) High Court of Kenya 15 July 2005

• Charles Kimani Ng'ang'a v Telkom Kenya Limited [2005] KEHC 3357 (KLR)

  ✦ The court found that the plaintiff was lawfully employed and that the dismissal was lawful.

  [2005] KEHC 3357 (KLR) High Court of Kenya 15 July 2005

• In Re the Estate of Peter Mwaura Gitahi alias Mwaura Peter Gitahi (Deceased) [2005] KEHC 1607 (KLR)

  ✦ The grant of letters of administration will not be revoked, but the applicant will be included as a beneficiary of the deceased's estate before or during the time of filing the application for confirmation of the grant.

  [2005] KEHC 1607 (KLR) High Court of Kenya 15 July 2005

• Salim Martin Makokha v Republic [2005] KEHC 1241 (KLR)

  ✦ The trial court's discretion in sentencing was upheld, and the appeal was dismissed.

  [2005] KEHC 1241 (KLR) High Court of Kenya 15 July 2005

• Samson Lerionga Kamoiro & 2 others v Republic [2005] KEHC 257 (KLR)

  ✦ The appeals are allowed and the sentences are reduced to the period already served.

  [2005] KEHC 257 (KLR) High Court of Kenya 15 July 2005

• Mechanised Cargo Systems Limited v Fina Bank Limited [2005] KEHC 811 (KLR)

  ✦ The plaintiff has proved on a balance of probability that it is entitled to the prayers sought in the application.

  [2005] KEHC 811 (KLR) High Court of Kenya 15 July 2005

• Isaya Kefa Mwinamu v Republic [2005] KEHC 1902 (KLR)

  ✦ The sentence is reduced to four years on the second limb, both to run concurrently.

  [2005] KEHC 1902 (KLR) High Court of Kenya 14 July 2005